14—Resolutions outside of Board meetings
(1) This section
applies to a resolution—
(a)
which, without being considered at a meeting of the Board, is referred to all
members of the Board; and
(b) of
which—
(i)
if subparagraph (ii) does not apply—a majority
of those members (not including the CEO); or
(ii)
if the resolution is that the Board determine that an
ACC State intelligence operation is a special operation, or that an
ACC State investigation is a special investigation—at least 9 Board
members (not including the CEO but including at least 2 eligible Commonwealth
Board members),
indicate by telephone or other mode of communication to the Chair of the Board
that they are in favour.
(2) The resolution is
as valid and effectual as if it had been passed at a meeting of the Board duly
convened and held.